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Currently I live in California where the SOL is three years. I will be moving to New Jersey where the SOL is 6 years. Will the SOL be extended to 6 years when I move?

2007-03-24 03:19:49 · 2 answers · asked by Fancy Mc Pants 1 in Business & Finance Credit

This is for the debt that was charged off while I was residing in California.

2007-03-24 03:20:40 · update #1

2 answers

My understanding is that the statute of the state you are residing in is what is used. So I think you get the six year SOL of New Jersey when you move.

States vary though so I'd throughly check the New Jersey law. I know if you incur a debt in Florida then leave the state, the Florida SOL stops. If you return to Florida, the SOL starts again so if you had 2 years to go when you left, you'll have 2 years to go when you get back, even if you were gone 5 years.

2007-03-24 03:54:09 · answer #1 · answered by Faye H 6 · 2 0

Actually California SOL for both open and written accounts is 4 years (in some cases credit cards have a 2 year SOL)
SOL & statutes:
http://whychat.5u.com/States/state-ca.html

New Jersey open accounts is 3 years and written accounts is 6 years.
SOL & statutes:
http://whychat.5u.com/States/state-nj.html

If it is for credit cards, they would fall under open accounts.

Normally you would use the SOL where you have set up residence - utility bills, drivers license, etc.

You can claim SOL in the state you move to - But, if they want to sue, they can sue in the state where you had lived when you incurred the debt - you would have to try and domesticate it to where you live. Or they can sue in the state where you currently live - it's their choice.

2007-03-24 11:16:04 · answer #2 · answered by echo 7 · 0 0

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